Bus companies have a duty to keep their vehicles in safe operating condition. When buses crash due to brake failures, steering problems, tire blowouts, or other mechanical defects, the company's negligent maintenance may be the direct cause of passenger injuries.
The Duty to Maintain
As common carriers, bus companies must exercise the highest degree of care toward passenger safety, and this includes vehicle maintenance. Buses must undergo regular inspections, preventive maintenance, and immediate repairs of any safety-related issues. Companies cannot prioritize schedules or cost savings over passenger safety.
Federal Motor Carrier Safety Administration (FMCSA) regulations establish minimum maintenance requirements for commercial buses. These regulations mandate systematic inspection schedules, documentation of all maintenance performed, immediate repair of safety-critical components, and removal of unsafe vehicles from service.
Common Maintenance Failures
Brake system failures are among the most dangerous maintenance defects. Worn brake pads, leaking brake lines, air brake system problems, and improperly adjusted brakes can all cause accidents. Bus companies must inspect brakes frequently and replace components before they fail.
Tire failures including blowouts, tread separation, and flats can cause loss of control. Tires must be inspected for wear, properly inflated, and replaced when they reach minimum tread depth. Using retreaded tires on steering axles is prohibited on buses.
Steering and suspension failures affect vehicle control. Worn steering components, broken suspension parts, and alignment problems increase accident risk. These systems require regular inspection and maintenance.
Lighting and signal failures create hazards especially at night or in bad weather. Headlights, brake lights, turn signals, and interior lights must all function properly.
Establishing Negligent Maintenance
Proving negligent maintenance requires evidence that a mechanical defect caused or contributed to the accident and that proper maintenance would have prevented the failure. Evidence comes from vehicle inspection after the accident, maintenance records, driver reports, and expert analysis.
Key evidence includes the bus company's maintenance records for the vehicle, pre-trip and post-trip inspection reports by drivers, work orders and repair invoices, parts replacement history, previous mechanical complaints or problems, and federal or state inspection reports.
Spoliation Concerns
Crucial maintenance evidence can disappear quickly if not preserved. The bus itself may be repaired or salvaged, destroying physical evidence of defects. Maintenance records may be incomplete or conveniently "lost." Electronic data from the vehicle may be overwritten.
Your attorney should send a preservation letter immediately after any accident where maintenance may be an issue. This puts the bus company on notice to preserve the vehicle, all maintenance records, and any electronic data.
Expert Analysis
Mechanical failure cases typically require expert testimony. Accident reconstructionists can analyze the crash to identify mechanical causes. Mechanical engineers can examine the vehicle and failed components. Industry experts can testify about maintenance standards and whether the bus company complied.
Expert analysis may reveal that components failed prematurely due to lack of maintenance, that inspections were inadequate or falsified, that the company ignored warning signs, or that industry standards weren't followed.
Liability for Maintenance Failures
The bus company is directly liable for negligent maintenance regardless of whether it performed maintenance in-house or contracted with outside shops. Companies cannot escape responsibility by outsourcing maintenance. They have a non-delegable duty to ensure their vehicles are safe.
If a third-party maintenance provider was negligent, the bus company remains liable to passengers, though it may have indemnification claims against the provider. Multiple defendants may share liability for maintenance failures.
Regulatory Violations
Violations of FMCSA maintenance regulations can establish negligence per se, meaning the violation itself proves negligent conduct. Common violations include failing to conduct required inspections, operating with known safety defects, falsifying maintenance records, using unqualified mechanics, and failing to address driver-reported problems.
The FMCSA maintains public records of carrier safety violations, which can support your claim by showing a pattern of maintenance neglect.
Pursuing Your Claim
If you suspect a bus accident resulted from mechanical failure or poor maintenance, preserve as much evidence as possible. Note any sounds, smells, or vehicle behavior before the crash. Photograph the bus if you can. Get witness contact information. Then contact an attorney immediately to preserve evidence and investigate maintenance issues before crucial evidence disappears.